RELATIONS are said to have gone โ€œvery sourโ€ between management of Ennis National School and the owners of Westpoint Business Park as the impasse regarding the countryโ€™s biggest walking bus continues.

In September, an investigation was launched by Clare County Council into the cancellation of the walking bus to Ennis NS which had used Westpoint Business Park as its assembly point for eight years, the situation changing following the opening of an HSE outpatient department in March of last year. The school said it had been refused admission by the owners at the โ€œeleventh hourโ€ at the start of its term while the business personnel involved stated they advised in July that parking controls would be implemented and that temporary solutions โ€œwere ignoredโ€.

At Tuesdayโ€™s meeting of the Ennis Municipal District, Cllr Clare Colleran Molloy (FF) asked that the legal advices be shared with elected representatives on the rationale for the planning departmentโ€™s decision not to pursue the matter from a planning enforcement perspective.

Executive planner, Gareth Ruane in a written response said the planning authority โ€œcannot comment publicly on any enforcement matters under investigation so as not to prejudice any particular outcome or decision. In general for enforcement files, any legal advice received is written in contemplation of legal proceedings and as such is legally privileged. For this reason therefore, the Planning Authority cannot provide a detailed response in respect of this motion or cannot provide a copy of any legal advice receivedโ€.

Board of management at the school shared their concern โ€œat the lack of willingnessโ€ from Westpoint Business Park to continue with their facilitation of the walking bus. A condition of the business parkโ€™s development was to accommodate the walking bus, she recalled. โ€œAs a lawyer, I totally understand and appreciate the terse response weโ€™ve received but it did not deter me as public representative to have it in the ether, when are planning conditions put in by authority to be enforced, what is the point and certainty for all affected by these conditions when we have a bespoke enforcement of themโ€. She said it was โ€œuncomfortableโ€ to accept a situation where conditions were not enforced for developments, โ€œit is a motion of local importance, to the health of our childrenโ€.

Mayor of Ennis, Cllr Ann Norton (IND) advised her colleagues to be โ€œvery clear and carefulโ€ when speaking on the matter. She referenced the โ€œhuge amount of communicationโ€ between the school and local authority. โ€œWe agreed to meet to look at solutions and thatโ€™s what weโ€™ve looked at from the outset, we are coming to hopefully an agreed place that will support the walking busโ€.

There is โ€œhuge frustrationโ€ among the Board of Management, Cllr Mary Howard (FG) noted. She expressed her disappointment with the Council failing to share the information on the reasons for not pursuing the enforcement. โ€œThe walking bus was a condition from the word go, there was huge engagement with the Ennis MD and our engineers for its design, it was seen as an exemplar in best practice around the countryโ€.

Students and teachers have felt the impact of its absence, she said. โ€œStudents came in ready for learning and the day, they had great energy and were in great form after doing the walking bus, now they are coming in tired and are dropped into the school. The benefits to the students were enormous. We showed leadership before and itโ€™s important that we show leadership again,โ€ Howard commented and requested a timeframe for proposed solutions.

Enforceability of conditions for planning on a private authority in the future by law โ€œremains to be seen,โ€ Cllr Paul Murphy (FG) observed. He acknowledged that the walking bus contributed to the recent success of Ennis Tidy Towns. A meeting to discuss solutions is โ€œimminent,โ€ he said with the Board of Management to put forward alternatives, โ€œthey have taken the view that they canโ€™t wait for the planning issues to be sorted outโ€.

Permission granted at the site for the application lodged in 2018 โ€œrequires the facilitation of the walking bus,โ€ Cllr Johnny Flynn (FG) emphasised.

It is time for Plan B, Cllr Pat Daly (FF) maintained. โ€œThis is a very delicate matter, I know Brian Lohan, Martin Oโ€™Malley and Brian Troy well, I know communication is nil and it is gone very sour, I donโ€™t even like it being discussed in public,โ€ he told Tuesdayโ€™s meeting. He suggested that the grounds of ร‰ire ร“g be considered as the new assembly point for the walking bus.

Senior executive officer, Leonore Oโ€™Neill appealed to Cllr Daly not to discuss the particulars of the individuals involved to which he responded, โ€œthat is what we are here forโ€. She said the key points from the debate would be brought to the planning departmentโ€™s attention and confirmed a meeting will be held on Friday with the Board of Management, principal, Cllr Norton, Cllr Murphy and staff from the Ennis MD, liaisons with the owners of the Business Park are a matter for the planning section, she added.

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